Response to Office Action

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

---

Under the Paperwork Reduction Act of 1995 no persons are required to respond to a collection of information unless it displays a valid OMB control number. PTO Form 1957 (Rev 10/2011)

OMB No. 0651-0050 (Exp 09/20/2020)

Response to Office Action

To the Commissioner for Trademarks:

Application serial no. 88483046 PROSTRENGTH (Stylized and/or with Design, see http://uspto.report/TM/88483046/mark.png) has been amended as follows:

MARK
Applicant proposes to amend the mark as follows:
Current: PROSTRENGTH (Stylized and/or with Design, see http://uspto.report/TM/88483046/mark.png)
Proposed: PROSTRENGTH (Stylized and/or with Design, see mark)
The applicant is not claiming color as a feature of the mark.
The mark consists of a shaded background featuring the unshaded wording "PROSTRENGTH", with the "O" in "PRO" encompassing the wording "STRENGTH", which is smaller than the wording "PRO".

ARGUMENT(S)
In response to the substantive refusal(s), please note the following:

Please see Applicant's argument regarding the Section 2(d) objection in the evidence section, below.

EVIDENCE
Evidence in the nature of A pdf file containing Applicant's argument regarding the Section 2(d) objection with supporting Exhibits A through E has been attached.
Original PDF file:
evi_71162198194-20200316170438322241_._Office_action_response_with_ex_a_thru_e.pdf
Converted PDF file(s) ( 41 pages)
Evidence-1
Evidence-2
Evidence-3
Evidence-4
Evidence-5
Evidence-6
Evidence-7
Evidence-8
Evidence-9
Evidence-10
Evidence-11
Evidence-12
Evidence-13
Evidence-14
Evidence-15
Evidence-16
Evidence-17
Evidence-18
Evidence-19
Evidence-20
Evidence-21
Evidence-22
Evidence-23
Evidence-24
Evidence-25
Evidence-26
Evidence-27
Evidence-28
Evidence-29
Evidence-30
Evidence-31
Evidence-32
Evidence-33
Evidence-34
Evidence-35
Evidence-36
Evidence-37
Evidence-38
Evidence-39
Evidence-40
Evidence-41

CLASSIFICATION AND LISTING OF GOODS/SERVICES
Applicant proposes to amend the following:
Current: Class 028 for Athletic equipment, exercise equipment, fitness equipment, sports equipment and yoga equipment, namely, ankle weights, balance balls, exercise balls, exercise tension bands, exercise weights, exercise wheels, foam rollers, inflatable exercise balls, jump ropes, massage bars, massage rollers, resistance bands, slimmer belts, stretch bands, tension bands, waist slimming belts, waist trainers, waist trimmers, workout and lifting gloves, wrist weights, yoga mats, kettlebells, medicine balls, push up bars, running bands, lateral resistance bands, yoga block, sleeved active armband, cooling towels, and shaker bottles sold empty
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.

Proposed:
Tracked Text Description: Athletic equipment, exercise equipment, fitness equipment, sports equipment and yoga equipment, namely, ankle weights, balance balls, exercise balls, exercise tension bands, exercise weights, exercise wheels, foam rollers, inflatable exercise balls, jump ropes, massage bars, massage rollers, resistance bands, slimmer belts, stretch bands, tension bands, waist slimming belts, waist trainers, waist trimmers, workout and lifting gloves, wrist weights, yoga mats, kettlebells, medicine balls, push up bars, running bands, lateral resistance bands, yoga block, sleeved active armband, cooling towels, and shaker bottles sold empty; Athletic equipment, exercise equipment, fitness equipment, sports equipment and yoga equipment, namely, ankle weights, exercise balance balls, exercise balls, exercise tension bands, exercise weights, exercise abdominal wheels being rollers, foam exercise rollers, inflatable exercise balls, jump ropes, resistance exercise bands, slimmer belts, stretch exercise bands, tension exercise bands, waist slimming belts being waist trimmer exercise belts, waist trainers being waist trimmer exercise belts, waist trimmers being waist trimmer exercise belts, wrist exercise weights, kettlebells, medicine balls, push up bars being handles, exercise running bands, lateral resistance exercise bands, yoga blockClass 028 for Athletic equipment, exercise equipment, fitness equipment, sports equipment and yoga equipment, namely, ankle weights, exercise balance balls, exercise balls, exercise tension bands, exercise weights, exercise abdominal wheels being rollers, foam exercise rollers, inflatable exercise balls, jump ropes, resistance exercise bands, slimmer belts, stretch exercise bands, tension exercise bands, waist slimming belts being waist trimmer exercise belts, waist trainers being waist trimmer exercise belts, waist trimmers being waist trimmer exercise belts, wrist exercise weights, kettlebells, medicine balls, push up bars being handles, exercise running bands, lateral resistance exercise bands, yoga block
Filing Basis: Section 1(a), Use in Commerce:For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.
Applicant hereby submits one(or more) specimen(s) for Class 028. The specimen(s) submitted consists of A close up photograph of the packaging for Applicant's ab roller.
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 010 for handheld massage bars; foam massage rollers
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 010 . The specimen(s) submitted consists of Photographs of the goods in packaging featuring the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1
Specimen File2

Applicant hereby adds the following class of goods/services to the application:
New: Class 021 for Shaker bottles sold empty
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 021 . The specimen(s) submitted consists of A photograph of the goods in packaging featuring the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 024 for Cooling towels
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 024 . The specimen(s) submitted consists of A photograph of the goods in packaging featuring the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 026 for Sleeved active armbandds
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 026 . The specimen(s) submitted consists of A photograph of the goods in packaging featuring the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

Applicant hereby adds the following class of goods/services to the application:
New: Class 027 for Yoga mats
Filing Basis: Section 1(a), Use in Commerce: For all applications: The mark is in use in commerce and was in use in commerce as of the application filing date. The provided specimen shows the mark in use in commerce (see specimen statement below). For a collective trademark, collective service mark, collective membership mark, or certification mark application: The applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the application filing date. For a certification mark application: The applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. The mark was first used at least as early as 07/00/2018 and first used in commerce at least as early as 07/00/2018 , and is now in use in such commerce.
Applicant hereby submits a specimen for Class 027 . The specimen(s) submitted consists of A photograph of the goods in packaging featuring the mark .
"The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce at least as early as the filing date of the application"[for an application based on Section 1(a), Use in Commerce] OR "The substitute (or new, or originally submitted, if appropriate) specimen(s) was/were in use in commerce prior either to the filing of the Amendment to Allege Use or expiration of the filing deadline for filing a Statement of Use" [for an application based on Section 1(b) Intent-to-Use]. OR "The attached specimen is a true copy of the specimen that was originally submitted with the application, amendment to allege use, or statement of use" [for an illegible specimen]. Specimen File1

OWNER AND/OR ENTITY INFORMATION
Applicant proposes to amend the following:
Current: ArtSkills, Inc., a corporation of Pennsylvania, having an address of
      3935 Rabold Circle South
      Bethlehem, Pennsylvania 18020
      United States

Proposed: ArtSkills, Inc., a corporation of Pennsylvania, having an address of
      3935 Rabold Circle South
      Bethlehem, Pennsylvania 18020
      United States
      Email Address: applicant@thebellesgroup.com

The owner's/holder's current attorney information: Lisa Peller London. Lisa Peller London of BELLES KATZ LLC, is located at

      337 S. 18TH STREET
      PHILADELPHIA, Pennsylvania 19103
      United States
The docket/reference number is ART-TM30.
      The phone number is 215-735-9302.
      The fax number is 2157359305.
      The email address is trademarks@thebellesgroup.com

The owner's/holder's proposed attorney information: Lisa Peller London. Other appointed attorneys are Brian L. Belles. Lisa Peller London of Belles Katz, LLC, is a member of the XX bar, admitted to the bar in XXXX, bar membership no. XXX, and the attorney(s) is located at

      1800 John F Kennedy Blvd., Suite 1010
      Philadelphia, Pennsylvania 19103
      United States
The docket/reference number is ART-TM30.
      The phone number is 215-735-9302.
      The fax number is 2157359305.
      The email address is trademarks@thebellesgroup.com

Lisa Peller London submitted the following statement: The attorney of record is an active member in good standing of the bar of the highest court of a U.S. state, the District of Columbia, or any U.S. Commonwealth or territory.Correspondence Information (current):
      LISA PELLER LONDON
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@thebellesgroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): llondon@belleskatz.com

The docket/reference number is ART-TM30.
Correspondence Information (proposed):
      Lisa Peller London
      PRIMARY EMAIL FOR CORRESPONDENCE: trademarks@thebellesgroup.com
      SECONDARY EMAIL ADDRESS(ES) (COURTESY COPIES): llondon@belleskatz.com

The docket/reference number is ART-TM30.

Requirement for Email and Electronic Filing: I understand that a valid email address must be maintained by the owner/holder and the owner's/holder's attorney, if appointed, and that all official trademark correspondence must be submitted via the Trademark Electronic Application System (TEAS).

FEE(S)
Fee(s) in the amount of $1375 is being submitted.

SIGNATURE(S)
Declaration Signature

DECLARATION: The signatory being warned that willful false statements and the like are punishable by fine or imprisonment, or both, under 18 U.S.C. § 1001, and that such willful false statements and the like may jeopardize the validity of the application or submission or any registration resulting therefrom, declares that, if the applicant submitted the application or allegation of use (AOU) unsigned, all statements in the application or AOU and this submission based on the signatory's own knowledge are true, and all statements in the application or AOU and this submission made on information and belief are believed to be true.

STATEMENTS FOR UNSIGNED SECTION 1(a) APPLICATION/AOU: If the applicant filed an unsigned application under 15 U.S.C. §1051(a) or AOU under 15 U.S.C. §1051(c), the signatory additionally believes that: the applicant is the owner of the mark sought to be registered; the mark is in use in commerce and was in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; the original specimen(s), if applicable, shows the mark in use in commerce as of the filing date of the application or AOU on or in connection with the goods/services/collective membership organization in the application or AOU; for a collective trademark, collective service mark, collective membership mark application, or certification mark application, the applicant is exercising legitimate control over the use of the mark in commerce and was exercising legitimate control over the use of the mark in commerce as of the filing date of the application or AOU; for a certification mark application, the applicant is not engaged in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

STATEMENTS FOR UNSIGNED SECTION 1(b)/SECTION 44 APPLICATION AND FOR SECTION 66(a) COLLECTIVE/CERTIFICATION MARK APPLICATION: If the applicant filed an unsigned application under 15 U.S.C. §§ 1051(b), 1126(d), and/or 1126(e), or filed a collective/certification mark application under 15 U.S.C. §1141f(a), the signatory additionally believes that: for a trademark or service mark application, the applicant is entitled to use the mark in commerce on or in connection with the goods/services specified in the application; the applicant has a bona fide intention to use the mark in commerce and had a bona fide intention to use the mark in commerce as of the application filing date; for a collective trademark, collective service mark, collective membership mark, or certification mark application, the applicant has a bona fide intention, and is entitled, to exercise legitimate control over the use of the mark in commerce and had a bona fide intention, and was entitled, to exercise legitimate control over the use of the mark in commerce as of the application filing date; the signatory is properly authorized to execute the declaration on behalf of the applicant; for a certification mark application, the applicant will not engage in the production or marketing of the goods/services to which the mark is applied, except to advertise or promote recognition of the certification program or of the goods/services that meet the certification standards of the applicant. To the best of the signatory's knowledge and belief, no other persons, except, if applicable, authorized users, members, and/or concurrent users, have the right to use the mark in commerce, either in the identical form or in such near resemblance as to be likely, when used on or in connection with the goods/services/collective membership organization of such other persons, to cause confusion or mistake, or to deceive.

Signature: /lisapellerlondon/      Date: 03/16/2020
Signatory's Name: Lisa Peller London
Signatory's Position: Attorney of record, DC Bar Member
Signatory's Phone Number: 2157359302


Response Signature
Signature: /lisapellerlondon/     Date: 03/16/2020
Signatory's Name: Lisa Peller London
Signatory's Position: Attorney of record, DC bar member

Signatory's Phone Number: 2157359302

The signatory has confirmed that he/she is a U.S.-licensed attorney who is an active member in good standing of the bar of the highest court of a U.S. state (including the District of Columbia and any U.S. Commonwealth or territory); and he/she is currently the owner's/holder's attorney or an associate thereof; and to the best of his/her knowledge, if prior to his/her appointment another U.S.-licensed attorney not currently associated with his/her company/firm previously represented the owner/holder in this matter: the owner/holder has revoked their power of attorney by a signed revocation or substitute power of attorney with the USPTO; the USPTO has granted that attorney's withdrawal request; the owner/holder has filed a power of attorney appointing him/her in this matter; or the owner's/holder's appointed U.S.-licensed attorney has filed a power of attorney appointing him/her as an associate attorney in this matter.

Mailing Address:    LISA PELLER LONDON
   BELLES KATZ LLC
   
   337 S. 18TH STREET
   PHILADELPHIA, Pennsylvania 19103
Mailing Address:    Lisa Peller London
   Belles Katz, LLC
   1800 John F Kennedy Blvd., Suite 1010
   Philadelphia, Pennsylvania 19103
        
RAM Sale Number: 88483046
RAM Accounting Date: 03/16/2020
        
Serial Number: 88483046
Internet Transmission Date: Mon Mar 16 17:35:00 ET 2020
TEAS Stamp: USPTO/ROA-XX.XXX.XXX.XXX-202003161735009
65326-88483046-710a0ca5dba8ec54b152e525a
f2d6ef954a2cbbd3ced166e10bf27209a859fb8c
d-CC-34595528-20200316170438322241